DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1681-16 JAN 31 2017 Dear This is in reference to y~ur application for correction ofyour naval record pursjant to the provisions oftitle 10 ofthe United States Code, section 1552. Although your application was not filed in a timely mahner, the Board found it in the interest of justice to waive the statute oflimitations and consider your application on its merits. A threemember panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 15 November 2016. The names and votes ofthe members of the panel will be furnished upon request. Your allegations oferror and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings ofthis Board. Documentary material considered by the Board consisted ofyour application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient toe.stablish the existence ofprobable material error or injustice. You enlisted in the Marine Corps and began a period ofactive duty on 5 March 1985. On 26 June 1986, you received nonjudicial punishment (NJP) for failure to obey a lawful order. On 31 March 1987, you submitted a written request for discharge for the good ofthe service (GOS) to avoid trial by court-martial for being UA for 135 days. Prior to submitting this request, you conferred with a qualified military lawyer at which time you were advised ofyour rights and warned ofthe probable adverse consequences of accepting such a discharge. Your request was granted and your discharge was approved. As a result of this action, you were spared the stigma of a court-martial conviction and the potential penalties ofa punitive discharge and confinement at hard labor. On 8 May 1987 you were discharged with an other than honorable characterization ofservice. The Board, in its review ofyour entire record and application, carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and assertions that you were young, immature and angry at the time ofyour discharge. The Board also considered your contention that your service in Okinawa is not listed on your Certificate ofRelease or Discharge from Active Duty (DD Form 214). Nevertheless, the Board found that these factors were not sufficient to warrant relief in your case, given your misconduct. In this regard, the Board concluded that your NIP and lengthy period ofUA outweighed your desire to upgrade your discharge. The Board felt that you received the benefit ofyour bargain with the Marine Corps when your request for separation in lieu ofcourt-martial was granted, and that you should not be allowed to upgrade your characterization ofservice retrospectively. Accordingly, your application has been denied. Regarding your assertion that your service in Okinawa is not listed on your DD From 214, the Board noted that you should contact Headquarters, United States Marine Corps, Deputy Chief of Staff for Manpower and Reserve Affairs (M&RA) Department, Separation Section (MMSR-3), on your DD Form 214. It is regretted !that the circumstances ofyour case are such that favora~le action cannot be taken. You are entitled to have the Board reconsider its decision upon submission ofnew and material evidence within one year from the date ofthe Board's decision. New evidence is evidence not previously considered by the Board prior to making its decision in your case. In this regard, it is important to keep in mind that a presumption ofregularity attaches to all official records. Consequently, when applying for a correction ofan official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. Sincerely,